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From Rawls to Kant and Back Again: Some Remarks on the Justificatory Import of Political Offices in Democratic Polities

Democracy
Institutions
Political Theory
Andrei Poama
Sciences Po Paris
Andrei Poama
Sciences Po Paris

Abstract

This paper argues that the kind of justificatory reasons that can be advanced within democratic polities are inherently office-relative. Offices are minimally understood as sets of rules and procedures meant to regulate specific types of socially relevant practices. My argument is structured as follows. First, I claim that the office-relativity dimension of justification can be construed in two different ways. It can, on the one hand, refer to an office-independent type of justification, i.e. a justification that is morally available to all the relevant agents in the absence of specific official constraints. It can, on the other hand, refer to an office-dependent type of justification, i.e. to a set of justificatory reasons that are not only available to, but also constraining for agents occupying particular official positions. I then trace the history of this analytical distinction back to Rawls’s distinction between pure and non-pure procedures and to Kant’s distinction between the public and the private use of reason. Finally, I conclude by arguing that, though analytically elegant, the distinction between office-independence and office-dependence is actually blurred in democratic polities by the existence of certain meta-procedures, such as constitutional control mechanisms or referenda.